4. The holder of a wine maker’s permit who wishes to market an alcoholic beverage under a proprietary brand shall file a declaration of proprietary brand with the Société attesting that the brand conforms to the standards prescribed in section 3 and shall have the declaration recorded in the register of proprietary brands kept by the Société.
The register of proprietary brands contains the declarations made by holders of wine maker’s permits and the declarations that the Société intends to use itself insofar as those brands are not already recorded in the register and provided that those brands conform to the regulatory standards made under the Act respecting the Société des alcools du Québec (chapter S-13).
Notwithstanding the second paragraph, the register shall contain the declarations made by holders of wine maker’s permits and the declarations of the Société in cases where those persons become the assignees of ownership and exclusive use of a brand already recorded in the register.
A proprietary brand is struck from the register:
(1) where it has not been used within 3 years of its date of registration;
(2) where it has not appeared in the directories of alcoholic beverages marketed by the Société for at least 1 year.
O.C. 2165-83, s. 4; O.C. 1797-91, s. 4; O.C. 457-2001, s. 3; O.C. 763-2004, s. 1; O.C. 337-2008, s. 2.